The Supreme Court of Justice obliged the Ministry of Internal Affairs to delete from the Register of forensic and criminological information the personal data obtained from unconstitutionally institutions on the left bank of Nistru

On 20 May 2020, the Supreme Court of Justice irrevocably decided to maintain in force the decision of the National Center for Personal Data Protection (NCPDP) of 16 November 2018, which found the non-compliant processing of personal data in accordance with the requirements of the legislation in in the field of personal data protection by the Ministry of Internal Affairs, in the Automated Information System “Register of forensic and criminological information”, the latter being obliged to delete information containing personal data about data subject covered by this processing, which were collected / obtained from unrecognized authorities / institutions in the Transnistrian region.

During the examination of those invoked by data subject, NCPDP highlighted the vicious practice of receiving and storing by constitutional authorities of the Republic of Moldova the information received from the unconstitutional structures on the left bank of Nistru.

It should be emphasized that the automatic processing of personal data of citizens of the Republic of Moldova based on information received from unconstitutional structures, which in fact can not be considered authentic / truthful, and their use to the detriment of data subject represent a serious violation of human rights and freedoms.

In this regard the Decision of the Superior Council of Magistracy (SCM) no. 209/14 of April 10, 2012 “on the approach of Mr. Oleg Efrim, Minister of Justice, regarding the opinion on the address of Mr. Eugen Carpov, Deputy Prime Minister, on addressing legal issues”, by which the SCM found: ” that any act issued by the self-proclaimed authorities in this part of the Republic of Moldova contravenes the Constitution, the fact referring equally to any decisions, sentences pronounced by the courts established in the given region illegally. Thus, the Council considers as unacceptable any legal collaborations and proposals for legal solutions with the structures in the Transnistrian region. “

Consequently, in the jurisprudence concerning the Republic of Moldova, the European Court of Human Rights in numerous cases (Ilascu and others v. Moldova and Russia; Eriomenco v. the Republic of Moldova and the Russian Federation; Mozer v. the Republic of Moldova and the Russian Federation; Catan v. the Republic of Moldova and Russia) found illegal the acts adopted by unrecognized and unconstitutional entities on the left bank of Nistru.

We emphasize that according to the Declarations submitted together with the instrument of ratification of the Convention no. 108 for the protection of individuals with regard to automatic processing of personal data, the Republic of Moldova has not declared reservations on the provisions of the Convention, regarding its application on the territory of the Transnistrian region. Thus, the Republic of Moldova has the obligation to ensure the protection of fundamental rights and freedoms of its citizens with regard to the processing of personal data, especially the right to inviolability of private and family life, throughout its territory.